Bombay High Court strikes down IT rules changes allowing Centre to set up Fact Check Unit

While hearing the matter in the court, the HC bench of Justice Atul Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution.

In a significant development, the Bombay High Court on Friday struck down the IT Rules as per which the Central government had the power to set up Fact Check Unit about government business and debunk 'fake and misleading' information about its functioning on social media platforms.

While hearing the matter in the court, the HC bench of Justice Atul Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution.

Justice Chandurkar said, "I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India."

He said the expression "fake, false and misleading" in the Rules was "vague and hence wrong" in the absence of any definition. Justice Chandurkar on Friday said he agreed with the opinion given by Justice Patel (now retired).

Notably, this matter reached the tie-breaker judge in the Bombay High Court after a division bench of Justices Gautam Patel and Dr Neela Gokhale delivered a split verdict in January 2024.

The Central government had in 2023 amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) and Rule 3, which grants the Centre the authority to form FCUs for identifying false online news, faced legal challenges later.

Int he plea, the petitioners, including Kunal Kamra, argued that the amendments were beyond the powers (ultra vires) of Section 79 of the Information Technology Act and violated the right to equality (Article 14) and the freedom to practice any profession, or to carry on any occupation, trade, or business (Article 19(1)(a)(g)) of the Constitution.